Education (No. 2) Act 1986

49 Appraisal of performance of teachers

(1) The Secretary of State may by regulations make provision requiring local education authorities, or such other persons as may be prescribed, to secure that the performance of teachers to whom the regulations apply—

(a) in discharging their duties ; and

(b) in engaging in other activities connected with the establishments at which they are employed ;

is regularly appraised in accordance with such requirements as may be prescribed.

(2) The regulations may, in particular, make provision—

(a) requiring the governing bodies of such categories of schools or other establishments as may be prescribed—

(i) to secure, so far as it is reasonably practicable for them to do so, that any arrangements made in accordance with the regulations are complied with in relation to their establishments ; and

(ii) to provide such assistance to the local education authority as the authority may reasonably require in connection with their obligations under the regulations;

(b) with respect to the disclosure to teachers of the results of appraisals and the provision of opportunities for them to make representations with respect to those results; and

(c) requiring local education authorities to have regard to the results of appraisals in the exercise of such of then-functions as may be prescribed.

(3) The regulations may be expressed to apply to any of the following categories of teacher, that is to say teachers employed—

(a) at any school maintained by a local education authority;

(b) at any special school (whether or not so maintained);

(c) at any further education establishment provided by a local education authority;

(d) at any further education establishment designated by regulations made under section 27 of the 1980 Act as an establishment substantially dependent for its maintenance—

(i) on assistance from local education authorities ; or

(ii) on grants under section 100(1)(b) of the 1944 Act;

(e) at any school or other establishment which falls within any prescribed class of school, or other establishment, of a kind mentioned in any of paragraphs (a) to (d) above; or

(f) by a local education authority otherwise than at a school or further education establishment.

(4) Before making any regulations under subsection (1) above, the Secretary of State shall consult

(a) such associations of local authorities, and representatives of teachers, as appear to him to be concerned; and

(b) any other person with whom consultation appears to him to be desirable.